DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Unilever Australia Trading Limited T/A Streets Ice Cream
(AG2017/5906)

UNILEVER AUSTRALIA TRADING LTD (TRADING AS STREETS ICE CREAM, MINTO) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER RIORDAN	SYDNEY, 1 DECEMBER 2017

Application for approval of the Unilever Australia Trading Ltd (trading as Streets Ice Cream, Minto) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Unilever Australia Trading Ltd (trading as Streets Ice Cream, Minto) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unilever Australia Trading Limited (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the Organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 1 December 2017, which included further material in support of the application together with Undertakings made by and duly signed by Mr David Dwyer, Corporate Counsel and Company Secretary, pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Unilever Australia Trading Limited, trading as Streets Ice Cream, for the approval of the Enterprise Agreement 2017. The agreement was intended to govern the employment conditions of workers at the Minto facility. The application was contested by the Shop, Distributive and Allied Employees Association, which represented the employees. The dispute centred on various provisions of the proposed agreement, including terms related to wages, working conditions, and procedural matters.

The legal issues before the commission involved assessing whether the agreement complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement was made in good faith, provided for a fair and reasonable rate of pay, and did not unfairly discriminate against employees. The commission had to consider submissions from both parties and the implications of the agreement for the employees' rights and working conditions.

The Fair Work Commission determined that the agreement met the statutory requirements for approval. The commission found that the agreement was made in good faith and provided for fair and reasonable terms. The commission considered the submissions from both parties and the evidence presented regarding the impact of the agreement on employees. It concluded that the benefits of the agreement, including improved working conditions and wages, outweighed any potential detriments. The commission approved the agreement, noting that it would benefit the employees by providing clarity and certainty in their employment conditions.

The final orders of the commission were that the Enterprise Agreement 2017, as submitted by Unilever Australia Trading Limited, be approved. This decision allows the agreement to come into effect and govern the employment conditions of the workers at the Minto facility, subject to the terms and conditions set out in the approved agreement.

Unilever Australia Trading Limited T/A Streets Ice Cream

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established